
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5842]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
 
  SUBCHAPTER II--NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER 
                               PROTECTION
 
Sec. 5842. Licensing and related regulatory functions respecting 
        selected Administration facilities
        
    Notwithstanding the exclusions provided for in section 110a. [42 
U.S.C. 2140(a)] or any other provisions of the Atomic Energy Act of 
1954, as amended [42 U.S.C. 2011 et seq.], the Nuclear Regulatory 
Commission shall, except as otherwise specifically provided by section 
110b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2140(b)), 
or other law, have licensing and related regulatory authority pursuant 
to chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended 
[42 U.S.C. 2071 et seq., 2091 et seq., 2111 et seq., 2131 et seq.], as 
to the following facilities of the Administration:
        (1) Demonstration Liquid Metal Fast Breeder reactors when 
    operated as part of the power generation facilities of an electric 
    utility system, or when operated in any other manner for the purpose 
    of demonstrating the suitability for commercial application of such 
    a reactor.
        (2) Other demonstration nuclear reactors--except those in 
    existence on the effective date of this chapter--when operated as 
    part of the power generation facilities of an electric utility 
    system, or when operated in any other manner for the purpose of 
    demonstrating the suitability for commercial application of such a 
    reactor.
        (3) Facilities used primarily for the receipt and storage of 
    high-level radioactive wastes resulting from activities licensed 
    under such Act.
        (4) Retrievable Surface Storage Facilities and other facilities 
    authorized for the express purpose of subsequent long-term storage 
    of high-level radioactive waste generated by the Administration, 
    which are not used for, or are part of, research and development 
    activities.
        (5) Any facility under a contract with and for the account of 
    the Department of Energy that is utilized for the express purpose of 
    fabricating mixed plutonium-uranium oxide nuclear reactor fuel for 
    use in a commercial nuclear reactor licensed under such Act, other 
    than any such facility that is utilized for research, development, 
    demonstration, testing, or analysis purposes.

(Pub. L. 93-438, title II, Sec. 202, Oct. 11, 1974, 88 Stat. 1244; Pub. 
L. 105-261, div. C, title XXXI, Sec. 3134(a), Oct. 17, 1998, 112 Stat. 
2247.)

                       References in Text

    The Atomic Energy Act of 1954, as amended, referred to in text, is 
act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, 
Sec. 1, 68 Stat. 921, and amended, which is classified generally to 
chapter 23 (Sec. 2011 et seq.) of this title. Chapters 6, 7, 8, and 10 
of the Atomic Energy Act of 1954, as amended, are classified generally 
to subchapters V (Sec. 2071 et seq.), VI (Sec. 2091 et seq.), VII 
(Sec. 2111 et seq.), and IX (Sec. 2131 et seq.) of division A of chapter 
23 of this title. For complete classification of this Act to the Code, 
see Short Title note set out under section 2011 of this title and 
Tables.
    The effective date of this chapter, referred to in par. (2), refers 
to the effective date of Pub. L. 93-438. See section 312 of Pub. L. 93-
438, set out as an Effective Date; Interim Appointments note under 
section 5801 of this title.


                               Amendments

    1998--Par. (5). Pub. L. 105-261 added par. (5).

                          Transfer of Functions

    For transfer of certain functions from Nuclear Regulatory Commission 
to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 
Stat. 3585, set out as a note under section 5841 of this title.


               Availability of Funds for Licensing by NRC

    Pub. L. 105-261, div. C, title XXXI, Sec. 3134(b), Oct. 17, 1998, 
112 Stat. 2247, provided that: ``Section 210 of the Department of Energy 
National Security and Military Applications of Nuclear Energy 
Authorization Act of 1981 (42 U.S.C. 7272) shall not apply to any 
licensing activities required pursuant to section 202(5) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5842), as added by subsection 
(a).''


    Applicability of Occupational Safety and Health Requirements to 
                        Activities Under License

    Pub. L. 105-261, div. C, title XXXI, Sec. 3134(c), Oct. 17, 1998, 
112 Stat. 2247, provided that: ``Any activities carried out under a 
license required pursuant to section 202(5) of the Energy Reorganization 
Act of 1974 (42 U.S.C. 5842), as added by subsection (a), shall be 
subject to regulation under the Occupational Safety and Health Act of 
1970 (29 U.S.C. 651 et seq.).''


   Verbal Communications Between Commission Headquarters and Regional 
               Offices and Licensed Utilization Facilities

    Pub. L. 96-295, title III, Sec. 305(a), June 30, 1980, 94 Stat. 790, 
provided that: ``As expeditiously as practicable, the Nuclear Regulatory 
Commission shall establish a mechanism for instantaneous and 
uninterrupted verbal communication between each utilization facility 
licensed to operate under section 103 or section 104 b. of the Atomic 
Energy Act of 1954 [section 2133 or 2134(b) of this title] on the date 
of enactment of this Act [June 30, 1980], or thereafter, and
        ``(1) Commission headquarters, and
        ``(2) the appropriate Commission regional office.''


Study of Extension of Licensing and Regulatory Authority of Commission; 
                           Report to Congress

    Pub. L. 95-601, Sec. 12, Nov. 6, 1978, 92 Stat. 2953, directed 
Commission, in cooperation with Department of Energy, to conduct a study 
of extending the Commission's licensing or regulatory authority to 
include categories of existing and future Federal radioactive waste 
storage and disposal activities not presently subject to such authority, 
and on or before Mar. 1, 1979, to submit a report to Congress containing 
results of study, which report was to include a complete listing and 
inventory of all radioactive waste storage and disposal activities being 
conducted or planned by Federal agencies.

                  Section Referred to in Other Sections

    This section is referred to in sections 2210, 10107, 10161, 10168, 
10197 of this title.
